+Article 26 Practitioners in procedures concerning restructuring, insolvency and discharge of debt
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Article 26 Practitioners in procedures concerning restructuring, insolvency and discharge of debt
1. Vue d’ensemble
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Réglementation |
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Article 26 1
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1. Member States shall ensure that:
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(a)
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practitioners appointed by a judicial or administrative authority in procedures concerning restructuring, insolvency and discharge of debt (‘practitioners’) receive suitable training and have the necessary expertise for their responsibilities;
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(b)
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the conditions for eligibility, as well as the process for the appointment, removal and resignation of practitioners are clear, transparent and fair;
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(c)
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in appointing a practitioner for a particular case, including cases with cross-border elements, due consideration is given to the practitioner's experience and expertise, and to the specific features of the case; and
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(d)
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in order to avoid any conflict of interest, debtors and creditors have the opportunity to either object to the selection or appointment of a practitioner or request the replacement of the practitioner.
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Article 26 2
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2. The Commission shall facilitate the sharing of best practices between Member States with a view to improving the quality of training across the Union, including by means of the exchange of experiences and capacity building tools.
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1.1 Références
1.2 Exigences identifiées
1.3 Normes associées
2. Exigences identifiées
Exigences
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Exigence |
3. Normes associées
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